61-28-08. Penalties - Injunctions

61-28-08. Penalties - Injunctions

1. Any person who willfully violates this chapter, or any permit condition, rule, order,

limitation, or other applicable requirement implementing this chapter, is subject to a

fine of not more than ten thousand dollars per day per violation, or by imprisonment for

not more than one year, or both. If the conviction is for a violation committed after a

first conviction of such person under this subsection, punishment shall be by a fine of

not more than twenty thousand dollars per day per violation, or by imprisonment for

not more than two years, or both.

2. Any person who violates this chapter or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter, with criminal negligence as

defined by section 12.1-02-02, is subject to a fine of not more than ten thousand

dollars per day per violation, or by imprisonment for not more than six months, or both.

3. Any person who knowingly makes any false statement, representation, or certification

in any application, record, report, plan, or other document filed or required to be

maintained under this chapter or any permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter, or who falsifies, tampers with, or

knowingly renders inaccurate any monitoring device or method required to be

maintained under this chapter or any permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter, upon conviction, is subject to a fine

of not more than five thousand dollars per day per violation or by imprisonment for not

more than six months, or both.

4. Any person who violates this chapter, or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter, is subject to a civil penalty not

to exceed twelve thousand five hundred dollars per day per violation.

5. Without prior revocation of any pertinent permits, the department may, in accordance

with the laws of this state governing injunctions or other process, maintain an action in

the name of the state against any person to enjoin any threatened or continuing

violation of any provision of this chapter or any permit condition, rule, order, limitation,

or other applicable requirement implementing this chapter. In addition to any other

penalties provided in this section, or other provisions of this code, any person who

violates an order for injunctive relief is subject to sanctions, not to exceed twenty-five

thousand dollars per day per violation. In determining the amount of the sanction, the

court shall consider the seriousness of the violation or violations, any good-faith efforts

to comply with the court's order, any history of such violations, the economic impact of

the sanction on the violator, the environmental and economic impacts to the resource

caused by the violation or violations, the comparative environmental and economic

impacts on any other resources affected, if any, and such other matters as justice may

require. As an additional sanction for violating an order, the court may hold the violator

in contempt and, upon the state's motion, may allow a sanction up to the value of any

damages that occur to the state as a result of the violation. The authority to seek

sanctions under this subsection is limited to the department or to the attorney general

bringing an action on behalf of the state and may not be enforced by any other person.